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EPA Skirts the Law to Expand Regulatory Authority

Rep. Lamar Smith (R-Texas), chair of the House Science, Space and Technology Committee, and Rep. Chris Stewart (R-Utah), chair of the House Subcommittee on the Environment on Friday sent a letter to the Environmental Protection Agency raising concerns over a new draft rule to greatly expand the agency’s regulatory authority under the Clean Water Act.


Under the rule, EPA could expand its regulatory authority to include even the most isolated wetlands, streams and ditches. In their letter, the chairmen criticize the EPA for pushing through a rule with vast economic implications before the agency’s independent reviewers at its Science Advisory Board have had an opportunity to review the underlying science, as required by law.


Farm Bureau opposes EPA efforts to expand the scope of “navigable waters” subject to federal regulation under the CWA.